|
34�
<br /> �� SC ��.]LA.�T1E��7� R�C �]�.� �7
<br /> ,
<br /> . . .21817—The Auguatine Co., County 8upplies, C3rand Island, Nebn �
<br /> AFFIDAVIT
<br /> STATE OF NEBRASKA � AFFIDAVIT.
<br /> COUNTY OF HALL )
<br /> Henrietta Smith, being first duly szaorn, on oath deposes and says that aPfiant is a
<br /> r�eident of Hall Co�anty, State oP �ebraska, and. has been such .fcr more than 70 years last �.
<br /> p�st; that affiant is 70 ye�.rs of age and T�uas personally well aequainted with Henrietta
<br /> Reinecke who became the oi�Jner of Lot F"our ��) and the Southwest Quarter of the Southwest
<br /> Qu�rter, a11 in Section Ten (10) , Township Ten (1:0) North, Range Ten �10) , West of the 6th
<br /> P.M. in Ha11 County, Nebr�ska, through a warranty deed recorded in Book �' at page 1�+3 of
<br /> the� deed recor�s of H�.11 County, Nebr�lska, on February 2, 1�76; that on said date sa.id
<br /> Henrietta Reinecke was a widot�r, her htzsband Char�..es Frederick Reinecke,having died prior
<br /> thereto; that said Henrietta Reinecke came to Nebraska at the time she acquired said
<br /> prQmises and that her said husba.nd nev,er lived in the State of Nebraska; that the Charle5
<br /> Reinecke named a,s co-maker with s �.id Henrietta Reinecke in the mortg2.ge on said premises
<br /> dated F'ebruary 14, 1�77, and recorded in Book E �t pa.ge 110 of tnP rea.l estate mortgage
<br /> record_s of Hall Ceunty, NPbr�ska, �aas my father and was the son of said Henrietta Reinecke,
<br /> said xenr3etta Reinecke h�ving been my grandmother, and that at all times from ancl. includ-
<br /> ing February 2, 1�76, �nd March 5, 1��0, saic� Henrietta Reinecke was a widoia and an un-
<br /> marri ec': T�roman.
<br /> �'u�'��er a��lant saith not.
<br /> Henriettd Smith
<br /> `Sub�cribed in my presence a.nd s��rorn to before me this 27th day of January, 194��.
<br /> Ru th Swan so n
<br /> ( SEAL) Notary Public
<br /> My Com.Exp. �-14-4�-. �
<br /> Filed f'or. record tn.is 1st day of February, 19�+��, a.t 11: �5 0 � clock A.M. �jf J�� �
<br /> 4'\ �( �
<br /> , egister of eeds
<br /> C?-0-�-�-.^.-G-0-0-'�-0-0-0-0-0-�-0-0-0-0-0-0-0-0-0-0-0-0-0-�-�-0-0-0-Q-Q-0-0-0-0-0-0-0-0-0-0-
<br /> A F3�REEIbi ENT �
<br /> AGREF.��ENT
<br /> This a�ree:�ient made this 31s� day oP January,l9�� by an.d between Ca'Gherine M.l�hetstone
<br /> and Willis W.Whet$tone husband and wiPe,parties of �he Pirst par'� and Joseph H.Heek and
<br /> Genevieve Heck,husband and wi�'e,parties of the second part;
<br /> �'ITIv'ESSETH,WHEREAS partie8 of the Pirst part are the owners o�' the East Ha1f (E-�; o� Lot
<br /> 5even (7) ,B1ock Ten (10) in Baker' s Addition ir� the Ci�y of Grand Island,Nebraska and
<br /> also the owners oP Lot �igh� ( �) ,Bloek Ten (10} in said addition and city,and WHEREA9,
<br /> parties �f the second part are the owners oY a frame build3.ng of dimensions about 22 f eet
<br /> by �0 Peet and with the perrnission oP first parties have moved said building on the East
<br /> HalY ( E�) o� Lo� Seven (7) ,Block Ten (10) above described,which building second par�ies
<br /> will use f or the purpose oP o,��erat�.ng a caPe,and WHEREAS,al1 the pa�^ties hereto are de-
<br /> sirous of reducing the terms oP their agreement and understanding in�o writing.
<br /> IT IS THEREFORE a�reed by and betwe�n �i1e parties o� the Pirs� part tha� the parties oP
<br /> the second part �hall have the righ'� and permission to u$e said building on sald East Ha].f
<br /> ( E�) oP Lot 5even ( 7) ,Block Ten ( 10) above described Por a period oP three years be�inning
<br /> February 1,1944 to F'ebruary 1,19�+7 Por the purpose of conducting and opera�ing a cafe in
<br /> s�id building upon the terms and condltions as follows:
<br /> Second partie� agree 'Go�use said building exclusively for the operation and conduc�ion of
<br /> a cafe and ,keep �aid building insur�d. during the term oP thie agreement for the sum oP
<br /> Three Thousand Dollars (�3,000.00) and assign said policy to Pirst parties. •
<br /> 8econd parties Purti��r agree as a consideration Yor tYie perrnission granted by first partiea
<br /> to permit said building to remain on said premises to pay taxes assessed against the East
<br /> Half (E�) oP Lot Seven (7) ,Block Ten (10) and Lot Ei�ht ( �) ,Block Ten ( 10) above described
<br /> for the years 19�+3,19�-4 and 1945,bePore same becomes dellnquent and a�lso any taxes assess-
<br /> ed against said building and pap said taxes in narne oP said firat partiea anddeliver to Pirst
<br /> . parties the tax receipts therePore.
<br /> It ie further a�ree by secand parties that upon the termination oP thia agreement on Feb-
<br /> ruary 1,19�7 said bullding sha11 revert to and become tlie absolute property in fee simple
<br /> oF Pirst par'Gies as a part of"Che eonsideration Por the permission by first parties �o
<br /> second part�.es to move gaid bu�.ld= �n said lot.
<br /> It is Yurther agreed by second parties '�hat Pirst parties shal�. hav� a lien on said build-
<br /> ing arid said lien is hereby crea�Ged 3.n the aum of �hree Thousand Dollars (�3,000.00) dur-
<br /> . ing the �erms of this agreement.
<br /> It is further agreed by �irst parties that second partiea shall have an option to use
<br /> �sid building Yor ca�e purposes for one year f'rom February 1,1947 '�o February 1,194� and
<br /> that �hey shall notify �irs� parties thir�y days prior to Febr�uary 1,19�+7 whethe� or no'�
<br /> they ir�tend to exereise said op�ion at said time;then aecond parties agree to pay ,to first
<br /> par'Gies f or �he use oP said premises Por said year a sum agreed upon by three disinterested
<br /> parties.It is understood however that the granting of this option does not in any manner
<br /> a2ter the '�erms of this agreernent and that the title and o�rnership oP said building shall
<br /> vest absolutely in first parties on February 1,19�7.Said second parties agree not �o
<br /> sublet said business without �he written consent of said Pirat partiea.
<br /> Wi'Gr�ees our hands �his 31at day of January,l��4.
<br /> Catherine M.�lhetatone
<br /> VGitnesses : i�illis w.W etstone
<br /> parties oY the Pirst part
<br /> T.W,Lani�an
<br /> '+�itness as to �lgnature oP Joseph H.Heck
<br /> Pirst and second parties. Genevieve Heck
<br /> yarties of '�he second part.
<br /> 9tate of Nebraska )
<br /> �'° ss On this 31st day of January, l9�+�+ before me, the underaigned
<br /> County o�' Hall ) 'T'.W.I�anigan a Notary public,duly cammissioned and qualified
<br />
|